14
GOVERNMENT GAZETTE, 7 JUNE 2004
No. 26436
Act No. 10,2004
NATIONAL ENVIRONMENTAL MANAGEMENT:
BIODrVERSITY ACT, 2004
activity and the issuing authority empowered under this Act to issue permits
in respect
of that activity may( a ) exercise their respective powers jointly; and
( b ) issue a single integrated permit insteadof a separate permitand authorisation.
(2) An authority empowered under that other law may issue an integrated permit for 5
the activity in question if that authority is designated in terms of this Act also as an
issuing authority for permits in respect of that activity.
(3) An integrated permit may be issued only if(a) the relevant provisionsof this Act and that other law have been complied with;
and
r'
10
(b) the permit
specifies
the(i) provisions in terms of which it has been issued; and
(ii) authority or authorities that have issued it.
\
Cancellation of permits
93. An issuingauthoritywhichissued
a permitmaycancelthepermit
if15
( a ) the permit was issued as a result of misleading or false representations by the
applicant or a person acting onbehalf of the applicant; or
( 6 ) the applicant or permit holder has contravened or failed to comply with(i) any condition of the permit;
(ii) any provision of this Act or other law governing the permitted activity; or20
(iii) any foreign law governing the permitted activity.
Part 2
Appeals
Appeals to be lodged with Minister
appeal;
the
94. (1) An applicant who feels aggrieved by the decision of an issuing authority in 25
terms of section 88(2)(c) or (d), or a permit holder whose permit has been cancelled in
terms of section 93, may lodge with the Minister an appeal against the decision within
30 days after having been informed of the decision.
(2) The Minister must eitherdecide
and
( a ) consider
30
(b) redirect theappealtothe
MEC forEnvironmentalAffairs in therelevant
province to consider and decide the appeal; or
(c) designate a panel of persons to consider and decide the appeal.
(3) An appeal doesnot suspend the decision against which
the appeal is lodged
unless
the Minister, MEC for Environmental Affairs or appeal panel considering the appeal
35
directs otherwise.
Appeal panels
95. (1) If the Minister decides that the appeal must be considered and decided by an
appeal panel, the Minister must designate(a) a number of persons with appropriate knowledge as members of the panel; 40
and
(b) one of the panel members as the presiding member.
(2) The presiding member of the appeal panel decides when and where the panel
meets.
panel (3) An appeal
must45
(a) consider and decide the appeal in accordance with a prescribed procedure; and
(b) keep a record of its proceedings and decisions.
Decisions
96. (1) The Minister, MEC for Environmental Affairs or appeal panel considering an
appeal may50